Alan,
Let me refine what I said: discussions on whether a given idea is
patentable or not, or whether a patent holder has a right to a given
patent, are not productive to this list because those questions are best
answered by those skilled in the art/science of patent filing. With
that, my responses are:
"Peter Kay" <peter(_at_)titankey(_dot_)com> wrote:
I think those type of comments and questions about what is
patentable
or not are unproductive to this list,
Discussions of prior art for anti-spam patents should be
explicitely on-topic for this list.
I agree.
Unless you're a seasoned patent attorney, patent examiner,
or one that
has submitted several patents and gone through the
examination process
many times, all one can offer is something less than a "armchair
quarterback" opinion that will typically lead to even more guessing
and we'll end up getting excited over nothing.
So people with experience in a technical field are
unqualified to discuss technology in their field, as soon as
the magic word "patent" appears.
No. But techncal people do not have the knowledge to productively
discuss the legality and/or enforecability of a patent.
However, people
knowledgable in the areas of patents are qualified to discuss
technology in *other* peoples fields, even when those
patent-people are manifestly untrained, and inexperienced in
those fields.
No. Those skilled in patents can tell you about the patent but probably
can't describe the underlying technology that is contained within the
patent.
Asking technical people for their opinions on the patent process is
like asking laypeople to comment on complex software architecture:
you'll get comments that are completely out of scope and
wildly incorrect.
Asking technical people for their opinions of the TECHNICAL
MERITS of patents is always appropriate.
I agree. Technical merits, yes. Prior art, yes. Patent enforcability
and/or validity, probably not.
ASRG is attempting to resolve the consent exchange issue,
for email. Patents which limit the available solutions
should be discussed. Patents which have prior art should
also be discussed.
I agree. And add this: "discussions of whether a given patent is
enforceable or legitimate SHOULD not be discussed".
Peter
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